Innisfail Hospital Beverley Mackenzie’s reinstatement application could set a statewide precedent, court hears

A Far North Hospital employee terminated after refusing to get a Covid-19 vaccination could have her reinstatement application heard by the full bench of the Queensland Industrial Relations Commission.

AN INNISFAIL Hospital employee with almost 40 years experience working for Queensland Health could have her reinstatement application heard by the full bench of the Queensland Industrial Relations Commission after her employment was terminated for not getting vaccinated.

The issue could have significant, far-reaching financial implications for the Queensland public service if the court finds in favour of Innisfail Hospital dental therapist Beverley Mackenzie.

A Queensland Health employee of almost 40 years, Ms Mackenzie was subject to mandatory vaccination requirements to receive at least one dose of a Covid-19 vaccine by September 30, 2021, and a second dose by October 31, 2021.

Ms Mackenzie applied for an exemption from the vaccine mandate on October 12, 2021, claiming “another exceptional circumstance” and raising concerns in relation to the risks associated with Covid-19, the “safety and effectiveness” of the Covid-19 vaccine and her ability to provide free and informed consent to receive a vaccination.

The court heard the application was refused on December 3, 2021, and a subsequent review concluded the refusal was not unreasonable.

A disciplinary process followed and Ms Mackenzie’s employment was terminated by Queensland Health on March 9, 2022.

Former Innisfail Hospital dental therapist Bev Mackenzie.

Ms Mackenzie filed a reinstatement application, with a subsequent conciliation conference held before Industrial Commissioner Roslyn McLennan unable to resolve the issues between the two parties.

Industrial Commissioner McLennan reasoned that while the QIRC had heard and decided a “significant volume” of public service appeals at different points of the show cause process, terminations of employment as a consequence of noncompliance with the vaccine directive had so far been few.

“There have been no QIRC Decisions regarding an application for reinstatement resulting from a public sector worker refusing to comply with the Directive at this time,” Industrial Commissioner McLennan noted.

In finding the matter appropriate to refer to the full bench for hearing with the president of the commission’s approval, Industrial Commissioner McLennan said the determination of the question had “substantial industrial significance”.

She also noted the determination of the question may have significant cost implications across the Queensland public sector, beyond Queensland Health, if the commission considered reinstatement or re-employment would be impracticable and an amount of compensation may be ordered.

“Any determination for this application for reinstatement may inform a precedent for how other Departments address this issue.”

Originally published as Innisfail Hospital Beverley Mackenzie’s reinstatement application could set a statewide precedent, court hears